IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.8639 OF 2016 (MV) BETWEEN:
1. SMT. JAYAMMA W/O. LATE NANJUNDAIAH, AGED ABOUT 66 YEARS 2. N. MANJUNATHA S/O. LATE NANJUNDAIAH, AGED ABOUT 46 YEARS 3. MEENAKSHI D/O. LATE NANJUNDAIAH, AGED ABOUT 36 YEARS ALL APPELLANTS ARE R/AT NO.423, NACHAPALLI VILLAGE, ROBERTSON PETE, GANESHPURAM ROAD, BANGARAPETE TALUK, KOLARA DISTRICT.
(BY SRI.K P BHUVAN, ADV.) AND:
THE MANAGING DIRECTOR K.S.R.T.C., KENGAL HANUMANTHAIAH ROAD, ... APPELLANTS SHANTHINAGARA, BENGALURU - 560 027. ... RESPONDENT (BY SRI. GOWTHAMDEV C ULLAL, ADV.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.11.2016 PASSED IN MVC NO.232/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATTANA, RAMANAGAR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
J U D G M E N T Heard the learned counsel for the parties and gone through the judgment and award passed by the Senior Civil Judge and JMFC, Additional Motor Accident Claims Tribunal, Channapattana, Ramanagar District. The only ground for enhancement of compensation is with regard to income. The Tribunal has assessed the income for the accident of the year 2015 at Rs.6,000/- per month. The same is on the lower side. In cases where the income is not proved by producing proper documents or evidence, the notional income is to be assessed considering the factors like the year of accident, place of residence, size of the family, cost of living prevalent then, etc.
In the instant the accident is of the year 2015. With relevance to the same, this court consistently assess the income at Rs.8,500/- per month and the same is taken in the instant case also. Accordingly, the calculation would be Rs.8,500/- x 12 x 11 x 1/3 which comes to Rs7,48,000/- the same is awarded under the head loss of dependency as against Rs.5,28,000/- awarded by the Tribunal. As per the judgment of the Hon'ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED v. PRANAY SETHI reported in 2017 SCC ONLINE SC 1270 under conventional heads, all put together, Rs.70,000/- is awarded. In total the enhanced compensation would be Rs.8,18,000/- in lieu of Rs.5,78,000/- awarded by the Tribunal. Enhanced amount carries interest at the rate as is awarded by the Tribunal. Appeal is partly allowed. Further, it is made clear that the compensation amount to the extent of *Rs.50,000/- reimbursed by the respondent-Corporation is to be deducted.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE lnn * Corrected vide Chamber Order dated 23.04.2019